A Cayman resident wanted in the United States for alleged fraud appeared in Summary Court on Tuesday, when Crown and defense attorneys argued whether he should be bailed until his extradition hearing, set for April 30.
Iain Nigel MacKellar has been in custody since Dec. 15, when he was arrested at his home in Rum Point. Last month, attorney James Austin-Smith told Magistrate Angelyn Hernandez that his client had “severe and immediate” health concerns that could not be addressed at Northward Prison. After hearing details from him and responses from Crown counsel Toyin Salako, the magistrate said she needed more information before she could decide.
On Tuesday, both sides provided more information. Director of Public Prosecutions Cheryll Richards asserted that if Mr. MacKellar returned to his North Side home, which she described as being in an isolated area, he would not have the round-the-clock monitoring he had in prison.
Ms. Richards also advised that the prison director was open to any directives from the court, a doctor was aware of Mr. MacKellar’s health issues, and there was a nutritionist who had been or could be consulted.
She repeated her concern that Mr. MacKellar, 60, was a flight risk.
A U.K. citizen, he was identified in December as a professional man with no previous convictions and a permanent resident in Cayman since 2007. He has been named with three other people on an indictment issued in Texas that alleges fraud involving a veterinary product for fleas. One of the charges relates to “reboxed pet products not manufactured and approved for sale in the United States.”
At the close of submissions on Tuesday, Mr. Austin-Smith asked if the magistrate would consider advising the parties of her ruling “with reasons to follow.”
The magistrate asked if the parties were “on line” for the extradition hearing on April 30.
Ms. Richards replied that, in general, they were. She noted that the Crown had until April 18 to reply to defense submissions, and a case management session was set for April 26. “So we are on target,” Ms. Richards said.